McGrath v. . Carnegie Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 25, 1916, affirming a judgment in favor of plaintiff for part only of the relief demanded entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 25, 1916, affirming a judgment in favor of plaintiff for part only of the relief demanded entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff was entitled to judgment against Carnegie Trust Company for the full amount of the trust fund, to wit, $140,000. (Madison Square Bank v. Pierce, 137 N. Y. 444; Culliford v. Walzer, 13 Misc. Rep. 493; Matter of Heyman, 95 Fed.…
1Opinion of the CourtCardozo, J.
In April, 1910, the Ninteenth Ward Bank, the plaintiff’s assignor, paid to the defendant, the Carnegie Trust Company, $110,000. The payment was made by checks drawn by the bank to the defendant’s order. In return the bank received a written agreement which, after the correction of some admitted errors, reads as follows:
“New York, April 23rd, 1910. “Mr. Bradley Martin, Jr., President,
“ Nineteenth Ward Bank,
“ 3d Ave. & 57th St.,
“New York, N. Y.:
“ Dear Sir.—We acknowledge receipt hereof from the Ninteenth Ward Bank of $110,000, the proceeds of the following notes:
Demand note of Charles A. Moore,…
2Cases cited8 opinions
- People v. E. Remington & SonsNew York Court of Appeals · 1890
- Evertson v. BoothNew York Supreme Court · 1822
- Thomas Gordon Malting Co. v. Bartels Brewing Co.New York Court of Appeals · 1912
- Atlantic Dock Co. v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
- Madison Square Bank v. PierceNew York Court of Appeals · 1893
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3Cited by37 opinions
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- American Surety Co. v. Westinghouse Electric Manufacturing Co.Supreme Court of the United States · 1935
- Federal Insurance v. Arthur Andersen & Co.New York Court of Appeals · 1990
- Pandora Industries, Inc. v. Paramount Communications Inc. (In Re Wingspread Corp.)District Court, S.D. New York · 1992
- United Security Trust Company CaseSupreme Court of Pennsylvania · 1936
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